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(영문) 춘천지방법원 원주지원 2015.10.27 2015고단755
권리행사방해
Text

Defendant

A shall be punished by a fine of 3,00,000 won, and by imprisonment of 6 months, respectively. Defendant A shall be punished by the said fine.

Reasons

Punishment of the crime

Defendant

B was sentenced to the Cheongju District Court Decision on February 7, 2013, which was sentenced to four months of imprisonment and one year of suspended execution due to fraud, etc., and this decision was finalized on February 15, 2013.

Defendant

B A around June 5, 2012, the original state CD proposed that “A, a branch owner of the vehicle in the name of the Party, will take on the side of the purchase and sale of the used vehicle in the name of the Party, and will left profit by re-sale of the vehicle. It will receive the vehicle from the lending company and pay the vehicle. The loan will be repaid.” The Defendant complied with this.

As a result, Defendant A, while taking over Franchis from E on the same day, agreed to grant a loan of KRW 16.5 million per annum and KRW 24% per annum for 48 months and KRW 29% per annum for damages for delay, with respect to the said vehicle, Defendant A, the debtor, and the creditor set up a right to collateral security, which is equivalent to KRW 16.5 million per annum for the said vehicle.

However, until December 6, 2012, Defendants paid KRW 2208,609,000,000,000,000,000 in principal, etc. to the victim, and concealed the said vehicle as security at the pawnpo located in the Seoul Mapo-gu Seoul Metropolitan Government (hereinafter referred to as Seoul Mapo-gu) around January 2013 and transferred the said vehicle to the business operator of large-scale passenger vehicles with the right to collateral security of the victim, so that the location of the said vehicle can not be known.

As a result, the Defendants conspired to interfere with the victim's exercise of rights.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. Loan-related documents, a written agreement on loans for purchasing secondhand cars, and a certificate of automobile transfer;

1. A contract of assets;

1. Automobile register;

1. Previous convictions: Criminal records, investigation reports (Attachment B B B of a suspect), and application of the Acts and subordinate statutes of the case search;

1. Defendant A: Articles 323 and 30 (Selection of Fines) of the Criminal Act: Article 323 and Article 323 of the Criminal Act;

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